Bankruptcy/DROs & the Official Receiver
Course Overview
To provide specialist advisers with detailed guidance on bankruptcy and debt relief orders, (this course will concentrate on more complex areas and some working knowledge is essential and assumed). The course is structured around bankruptcy but will consider the similarities and differences applying to DROs.
The trainer intends to allow as much opportunity to consider the specific needs and concerns of the delegates within the structure of the course. Subject to that, the objectives are that by the end of the session delegates will be able to:
- Identify which debts may remain payable after bankruptcy/a DRO
- Define the role of the Official Receiver, his/her duties and powers
- Discuss what their client can expect by way of enquiries and investigation by the Official Receiver and of their client’s duties in respect thereof
- In relation to bankruptcy, define when the OR will be trustee and when and how a private trustee might be appointed and explain the role and powers of the trustee
- State the discharge (bankruptcy) and moratorium (DRO) provisions and describe how they impact upon the client
- Describe how assets will be dealt with in a bankruptcy or will be considered for assessment of suitability for a DRO
- Interpret the criteria for assessment of an income payment order or agreement in bankruptcy and know how income will be assessed in consideration of a DRO
- Define the recovery powers of the trustee in bankruptcy, specifically in terms of preferences and undervalue transactions, and in doing so, better appreciate how these might be considered in assessing such in a DRO
- Predict when a client's actions might lead to restriction or criminal proceedings
- State a client’s options where a bankruptcy order is perceived to have been inappropriately made or where it otherwise might be annulled
- Discuss the supervision and complaint procedures as they apply to the OR and trustee in bankruptcy.
Tutor: Graham Kendall; Level: Specialist/Advanced
